Another Activist Judge Overrules the Will of the People
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Vudu Suavage
Feral Twisted Torus
Join date: 27 Jul 2004
Posts: 402
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05-13-2005 22:02
Many Evenagelicals in the Neo-Con movement also feel that there is a "homosexual agenda" and a "liberal agenda" aimed at destroying the instution of marriage and Christianity in general, ignoring the fact that many of the "liberals" they include in this group are married Christians.
"You can fool some of the people all of the time, and all of the people some of the time..."
In keeping with current U.S. policy, I declare the remainder of this quote classified.
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Lo Jacobs
Awesome Possum
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05-13-2005 22:08
Is there a non-moral agenda here? I know there it is cheaper to live with someone if you are married than if you are not (in general) ... would that be the reasoning behind this? Or is it simply to get the vocal Christians on their side to stay in power?
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Jeffrey Gomez
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05-13-2005 22:36
The non-moral agenda would be to not give a crap what people do in the bedroom and attack the real problems plaguing our system.
Dismantling the legal benefits to marriage in general would be a start.
Good luck there.
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Juro Kothari
Like a dog on a bone
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05-13-2005 22:42
From: Kiamat Dusk Juro,
Got me there. Interracial marriage was a judicial thing vice a legislative one. However, I still disagree with activist judges and I still disagree with gay marriage.
-Kiamat Dusk Kiamat, I can accept your personal stand against gay marriage, as it's your opinion, but I would hope, after seeing how an 'activist' judge ruled in 1948 in favor of allowing people to establish families such as yours - you would be less inclined to hold ill-will against them. From what we've discussed before, you are, by some degree, a product of the activist judge's decsion.
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Chance Abattoir
Future Rockin' Resmod
Join date: 3 Apr 2004
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05-13-2005 22:49
From: Kiamat Dusk You guys are falling all over yourselves to condone this because you AGREE with the ruling. What if it had been the reverse? Say the voters had voted in FAVOR of gay marriage and some Bush Sr appointee overruled that? You would be losing your collective mind.
No.
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Juro Kothari
Like a dog on a bone
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05-13-2005 23:00
From: Kiamat Dusk You guys are missing the point...the judge shot down an AMMENDMENT to the state Constitution as unconstistutional. I see what you're saying, but section 29 of the Nebraska constitution was struck down, not amended - from what I can tell. The judge struck it down, not solely based on it's anti-gay language, but in large part because it was far reaching and affected almost anyone in the state. It not only banned the chance of gay marriage, but also banned any type of civil union for same sex couples and further it banned simple things like making funeral arrangements. Also, it appears as though it would endanger the right of companies to offer benefits for same sex couples and legal arrangements between all couples such as leasing agreements on housing and businesses. I'll have to study up more on this, as I am not fully versed on the landscape prior to the ruling. Judges have, periodically, amended constitutions to repeal an earlier amendments, as is the case with Article XXI of the U.S. Constitution, which repeals Article XVIII. I do, however, see your concern whereas a judge could add an amendment without merit, but from what I've read of this case, it was simply struck down - no additional amendment was added. It appears as though section 29 violated the 1st Amendment (right to petition the government) and the 14th Amendment (guarantee of equal protection). That alone was probably more than enough for the judge (or any judge, really) to strike it down.
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Chance Abattoir
Future Rockin' Resmod
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05-13-2005 23:00
From: Jeffrey Gomez The non-moral agenda would be to not give a crap what people do in the bedroom and attack the real problems plaguing our system.
Wait a minute! Wait a minute! Are you suggesting that government should be used to address the hierarchy of basic needs before venturing into the realm of identity politics (the same identity politics that allowed the neocons to march in and take over because liberals were too busy staring in the mirror, fighting for better representation in the media rather than focusing on ownership- after all, it is a capitalist society)?! That's absurd. Someone should send you to the looney bin. Ha ha ha... focus on the real problems!!! That's a good one. sigh. ::blows brains out::
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Jeffrey Gomez
Cubed™
Join date: 11 Jun 2004
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05-13-2005 23:05
Speaking of which, to be fair the pendulum did swing the other way for some time over the issue of slavery: http://www.infoplease.com/ipa/A0101289.htmlThe independant judiciary is by no means always right - people make mistakes, no matter their position of power. The bottom line is they exist to check the system as they see fit.
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Jeffrey Gomez
Cubed™
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05-13-2005 23:06
From: Chance Abattoir That's absurd. Someone should send you to the looney bin. I'll take that as a compliment. 
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Chance Abattoir
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05-13-2005 23:10
From: Jeffrey Gomez I'll take that as a compliment.  I can't even make compliments without being sardonic. Irony is my Achilles heel. 
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Corwin Weber
Registered User
Join date: 2 Oct 2003
Posts: 390
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05-14-2005 00:13
When it comes down to it, if there's any argument as to why gay marriage (or plural marriage for that matter) should be banned that passes the test established in Lemon V. Kurtzman (damn those activist judges again!  ) I have yet to hear it. Does anybody have such an argument? For that matter, you who are so opposed to gay marriage (and/or 'activist judges' which is just an euphamism for 'judges who make decisions I don't like'....) do you even know what the Lemon test IS? Yeah.... didn't think so.
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
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05-14-2005 06:42
From: Travis Lambert These judges are doing their job. If you don't like it, change the consitution. A judge that ignores our constitution, and bends to the will of the people - is the true activist judge.
Abortion became legal because the Judges on the Supreme Court at the time "found" a right to privacy in the Constitution. Please-somebody-quote me the privacy amendment. Second, these people WERE trying to change their constitution and look what happened! Third, there are other states with gay marriage bans whose judges haven't overruled them. How can it be that in Nebraska and Massachusets it's unconstitutional, but in the other states who voted for a gay marriage ban it's not? The fact is, the judge overruled because he said that the amendment was too far reaching in that it also banned any sort of same sex civil unions-ie I couldn't give my male friend a power of attorney to handle my affairs while I'm out of the country or something. In *that* much he was correct. HOWEVER, he could have struck down *that* part of the law alone and left the gay marriage ban. But he chose to strike down the whole thing. Again, an activist judge abusing power. Mark my words, if this continues, sooner or later there's going to be a ruling that you *don't* agree with and then all Hell's going to break loose. If it does, I won't bother saying "I told you so," because it will be far too late. -Kiamat Dusk
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Kiamat Dusk
Protest Warrior
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My Feelings On Gay Marriage
05-14-2005 06:58
From: Olympia Rebus I'm pulling a semi hijack* here, but I'm curious. Why are you against gay marriage? Even if you think gay marriage (or being gay) is wrong, how does it affect you (or America)? Some people think it's an religious abomination to eat pork, but they aren't concerned if other people choose to eat it. What concequences do you fear if gays were legally allowed to marry?
*and it is a hijack, considering the original topic was about a judge's responsibility versus popular opinion It's a fair hijack, Olympia, as it still has bearing on the topic. I've been asked a similar question before and promised to get to it, but it's just such a *long* answer. In order for my position on this to be completely understood, I'll have to break down my position on homosexuality in general. But to give you a short answer: I am against gay marriage 1. Religious conviction-I believe that marriage is a union of a man and woman before God. 2. Slippery slope-As I've said before, all the arguments used by the pro-gay marriage community could just as easily be used by groups like NAMBLA. Sure it seems like a long way from here to there, but if you move the line to the middle (gay marriage), it doesn't seem so far anymore. How can you then strike down arguments that you just accepted? I know, I know what you're saying. "There's a difference between two adults and an adult and a minor." Well, even the definition of a minor changes from state to state with some states having 13 as the age of consent. Do you think 30yo men should be marrying 13yo boys? Already the status of a minority and the parents' control over them is eroding. In several states a pregnant girl can have an abortion without parental notification or consent. In California, if a student is discovered to have a drug problem, the school is not permitted to inform the parents. Now let's get back to those activist judges. All it takes is one enlightened, ACLU certified, NAMBLA sympathizer to say that age of consent laws or minority status is discriminatory and therefore unconstitutional and suddenly children of any age can marry, have sex with whomever, and child pornography? What's that? You need to look beyond your own goals and look at the possible consequences. On the other hand, as an American, I believe that a person should have the right to decide who gets his wealth after death, who can visit him in the hospital, and who can be the beneficiary of his insurance. The gay marriage issue started as a battle for rights, and I believe that every American regardless of sexual disposition should be entitled to those rights. -Kiamat Dusk ...hard to pigeonhole...
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Vudu Suavage
Feral Twisted Torus
Join date: 27 Jul 2004
Posts: 402
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05-14-2005 07:11
From: Kiamat Dusk
The fact is, the judge overruled because he said that the ammendment was too far reaching in that it also banned any sort of same sex civil unions-ie I couldn't give my male friend a power of attorney to handle my affairs while I'm out of the country or something. In *that* much he was correct. HOWEVER, he could have struck down *that* part of the law alone and left the gay marriage ban. But he chose to strike down the whole thing. Again, an activist judge abusing power.
I'm no lawyer, but to my knowledge judges don't receive a line-item veto. If a law is rotten, it's struck down, and it's up to the appropriate legislature to write and pass a law that will stand. I'm sure Nebraska will be passing new, less oppressive but equally discriminatory legislation very soon, don't worry. From: Kiamat Dusk Already the status of a minority and the parents' control over them is eroding. Particularly if the parents in question are two moms or two dads. With the difficulty homosexuals are having gaining equal treatment under the law, the slope doesn't seem all that slippery to me. In fact, I'd say it points up-hill and we are presently sliding backwards. The only use of the NAMBLA argument is to attack homosexuals ad hominem by associating them with child molesters in people's minds.
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Kiamat Dusk
Protest Warrior
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05-14-2005 07:18
From: Vudu Suavage I'm no lawyer, but to my knowledge judges don't receive a line-item veto. If a law is rotten, it's struck down, and it's up to the appropriate legislature to write and pass a law that will stand. I'm sure Nebraska will be passing new, less oppressive but equally discriminatory legislation very soon, don't worry. 1. According to Judge Andrew Napolitano from Fox News (I know, I know-but he's still a Judge) he *could* have struck down that part of the law and left the rest intact. 2. One can only hope. 3. Cthulu AVs!? Where!? Ooooo...it would be so cool if someone made a Lovecraft sim with Arkham and Ipswitch and such. -Kiamat Dusk Lovecraft fan
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Neehai Zapata
Unofficial Parent
Join date: 8 Apr 2004
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05-14-2005 07:32
First off Kiamat, you are a worthless piece of shit. I Just wanted to say that because it is part of my personal convictions. Furthermore, I am fraid that if you are allowed to go into shopping malls, you may start raping children. You see, children go to shopping malls. So if we let you into shopping mall at the same time, the chances of you being able to brutally rape a child greatly increases. I don't support child rape and therefore I don't support your right to shop in a mall. From: someone A federal Judge, appointed by Clinton, overruled the anti-gay marriage ammendment which was approved by over 70% of the state population. When are these activist judges going to be stopped? Could you regurgitate any more partisan language? You may want to check though, the smart Republicans stopped saying something should be done about "activist judges" after people started killing them and their families. Surely your statements aren't meant to incite any violence towards a federally appointed official are they? From: someone Now you may not agree with the anti-gay marriage movement, but, as an American, you should agree that Judges should not be overruling the will of the people. Brown v. Topeka Board of Education After you've read about Brown v. Topeka you can go read about Plessy v. Ferguson which is what allowed segregation in the first place. Plessy allowed "seperate but equal" status under the law. This is the way the system works. You are oversimplifying things because you don't like or agree with the decision. Well tough shit on that one. Sorry you don't like the world. Better luck next time. From: someone Do you think 30yo men should be marrying 13yo boys? Do you think 30 year old men should be marrying 13yo girls? What the fuck does that have to do with this conversation. Same sex marriage and the age of consent are two completely different issues. Heterosexuals have been marrying and fucking children for centuries. Throwing those two things together makes you the kind of person who rapes children in shopping malls. You have no real argument against gay marriage. That is why people like you have to take it to such an absurd extreme. Go fuck yourself with a glass cock.
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Kiamat Dusk
Protest Warrior
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Hey, everyone-Neehai's awake!!!!!
05-14-2005 07:49
From: Neehai Zapata First off Kiamat, you are a worthless piece of shit. I Just wanted to say that because it is part of my personal convictions. Furthermore, I am fraid that if you are allowed to go into shopping malls, you may start raping children. You see, children go to shopping malls. So if we let you into shopping mall at the same time, the chances of you being able to brutally rape a child greatly increases. I don't support child rape and therefore I don't support your right to shop in a mall. - Could you regurgitate any more partisan language? You may want to check though, the smart Republicans stopped saying something should be done about "activist judges" after people started killing them and their families. Surely your statements aren't meant to incite any violence towards a federally appointed official are they? -And after Newsweek reported an unsubstantiated account of guards in Gitmo putting the Koran in the toilet violent, anti-American and anti-Isreali protests broke out in the Middle East. Are you now saying we should curb the freedom of the press? Or maybe we should ban any music that has allegedly caused someone to commit murder. What happened to those judges and their families was awful and unconscionable. But that doesn't mean there isn't a problem. If someone went around killing rapists, does that mean we should stop saying something needs to be done about rape? Brown v. Topeka Board of Education After you've read about Brown v. Topeka you can go read about Plessy v. Ferguson which is what allowed segregation in the first place. Plessy allowed "seperate but equal" status under the law. This is the way the system works. You are oversimplifying things because you don't like or agree with the decision. Well tough shit on that one. Sorry you don't like the world. Better luck next time. Do you think 30 year old men should be marrying 13yo girls? What the fuck does that have to do with this conversation. -No, I don't. And it has to do with the domino effect of this course of action. But, in your myopia, you can't see past your own self interest. Same sex marriage and the age of consent are two completely different issues. Heterosexuals have been marrying and fucking children for centuries. Throwing those two things together makes you the kind of person who rapes children in shopping malls. You have no real argument against gay marriage. That is why people like you have to take it to such an absurd extreme. Go fuck yourself with a glass cock. -Soooooo....this isn't an absurd extreme? And, if it is, doesn't that make you just like me? -Kiamat Dusk
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"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Neehai Zapata
Unofficial Parent
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05-14-2005 07:58
From: someone Hey, everyone-Neehai's awake!!!!! No one ever destroyed the American family by sleeping in late. Nor is it ever to early to defend yourself against bigots who make blanket accusations of child molestation. Some people have no shame. As such, one must get up early to defend themselves. Hatred is so ugly.
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Neehai Zapata
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05-14-2005 08:14
From: someone -And after Newsweek reported an unsubstantiated account of guards in Gitmo putting the Koran in the toilet violent, anti-American and anti-Isreali protests broke out in the Middle East. Are you now saying we should curb the freedom of the press? Or maybe we should ban any music that has allegedly caused someone to commit murder. What happened to those judges and their families was awful and unconscionable. But that doesn't mean there isn't a problem. If someone went around killing rapists, does that mean we should stop saying something needs to be done about rape? No, I am not saying there should be an end to freedom of the press, YOU are saying that. If you have a problem with the system fine. However you and your extremist cronies are saying something should be done about the "activist judges". You are singling out the individual. Stop flip-flopping your statements. What specifically would you like to see happen to the "activist judges"? Should we whip them? Scold them? Shoot their families? Clearly you are unhappy with THIS JUDGE and you think something should be done. What the fuck it is? Come on, spit it out. I see you don't comment on Brown v Topeka or Plessy v. Ferguson because you don't give a shit about the real issues at play. You just want your hateful way at any cost. It is shameful. From: someone -No, I don't. And it has to do with the domino effect of this course of action. But, in your myopia, you can't see past your own self interest. No, you can't see past your own hatred. You equate gay marriage to a steppng some for child marriage with absolutely no basis whatsoever. Heterosexuals have ALREADY been marrying and fucking children. Take a look around. There is no part of gay marriage that paves the way to child molestation. By that argument you could take any law that pertains to adults and slap it on children. Marriage is a legal agreement between adults. Just like many other legal agreements between adults. What that has to do with fucking children I don't know. Maybe you are just a sick pervert. Why are you so obssessed with fucking children? Something should be done about these "fucking children obsessed" people. From: someone -Soooooo....this isn't an absurd extreme? And, if it is, doesn't that make you just like me? I don't think it's extreme. I honestly wish you would go fuck yourself with a glass cock. I'm nothing like you. I don't think about molesting children in a frequent and unhealthy way.
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Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
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05-14-2005 08:25
While Neehai's delivery style takes harsh to a new level, I have to completely agree with him. Kiamet's use of NAMBLA was a sickening attack that is used as a smoke screen argument because their is no real justification for the opposition of gay marriage for non-religious reasons (and since this is a secular issue, the religious arguments have no basis in the debate). Never mind that child molestation occurs far more by heterosexual males against young girls than against boys, as long as one can scare people into thinking that gays are going to marry their teenage sons, the truth is irrelevant.
By somehow painting gays as child molestors by association, Kiamet use an indirect fear tactic to drum up support. That is patentic and sad. On top of that, to be the product of an interracial marriage and oppose gay marriage is amazingly hypocritical. Kiamet never once gives any justification for how two gay people marrying affects him/her personally, because there is no justification, just as any marriage has no impact on anyone except the families involved.
The judge in this case was not an activist judge - but in defense of activst judges, sometimes a judge has to be brave enough to stand up against the ignorance and discrimination of the majority - if not we would still have slavery and many other darker aspects of our society.
As a side note, the responses in this thread overall are exactly the reason that I am proud of being part of the SL community.
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Olympia Rebus
Muse of Chaos
Join date: 22 Feb 2004
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05-14-2005 08:40
From: Kiamat Dusk 1. Religious conviction-I believe that marriage is a union of a man and woman before God.
If something is against your religion, I can understand why you, personally, would not want to enter a gay marriage, or percieve a gay mariage as something God supports. How does this hurt you if gay people are legally married? I know people who won't eat shrimp because they believe God said not to- but they're not insisting that everyone else ditch shrimp because of this. From: Kiamat Dusk
2. Slippery slope-As I've said before, all the arguments used by the pro-gay marriage community could just as easily be used by groups like NAMBLA. Sure it seems like a long way from here to there, but if you move the line to the middle (gay marriage), it doesn't seem so far anymore. How can you then strike down arguments that you just accepted? I know, I know what you're saying. "There's a difference between two adults and an adult and a minor." Well, even the definition of a minor changes from state to state with some states having 13 as the age of consent. Do you think 30yo men should be marrying 13yo boys?
No, but I don't think 30 year old men should be marrying 13 year old girls either. The problem in the last example is the age of consent. From: Kiamat Dusk Now let's get back to those activist judges. All it takes is one enlightened, ACLU certified, NAMBLA sympathizer to say that age of consent laws or minority status is discriminatory and therefore unconstitutional and suddenly children of any age can marry, have sex with whomever, and child pornography? What's that?
Again, I don't see how this is tied to gay mairrage. This seems to be an age of consent arguement: " If age of consent laws are struck down then children could be abused". One "devience" (real or percieved) need not lead to another. That's like arguing that God said not to eat shrimp or pork, and if we allow that devience... what's to stop people from caniballism?
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Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
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05-14-2005 08:42
From: Kiamat Dusk How can it be that in Nebraska and Massachusets it's unconstitutional, but in the other states who voted for a gay marriage ban it's not?
I would expect that once California legalizes gay marriage, which it will - mark my words, we'll see other states being challenged and those discriminatory laws overturned. Here in CA, there was no amendment to the state constitution, it was a proposition (22) that was passed by the voters and adds a provision to the state's Family Code that limits marriage to one man, one woman. The reason this will not stand in the courts is that it is in direct violation of the state's constitution which bans discrimination based on sexual orientation. I expect we'll see a ruling in about a years time. After that is passed and people see that gay marriage is legal in a few states here in the U.S. and also in Canada and other countries, people will see that there is no 'harm' brought and the laws banning gay marriage across the U.S. will begin to fall like dominoes.
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Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
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05-14-2005 08:50
From: Kiamat Dusk Do you think 30yo men should be marrying 13yo boys?
Now let's get back to those activist judges. All it takes is one enlightened, ACLU certified, NAMBLA sympathizer to say that age of consent laws or minority status is discriminatory and therefore unconstitutional and suddenly children of any age can marry, have sex with whomever, and child pornography? What's that?
Kiamat, please do not attempt to show a connection between gay marrige and NAMBLA. Very, very different here, as we discussed a month or so ago. I understand the point you're trying to make with the 'slippery slope', but I'll guarantee you that the supporters of gay marriage would never support legalized pedophilia - ever. You know, I get really tired of hearing people toss around the pedophile card when this discsussion comes up. It's a convenient way to really turn someone 'off' from the whole idea with thoughts of nasty old men trying to bed some teenager. Legalizing gay marriage will not encourage legalization of marriage to a teenager - if that were the case, by now, I'd expect we would have seen the legalization of marriage to teenagers for straight couples by now.
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Juro Kothari
Like a dog on a bone
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05-14-2005 09:04
From: Cristiano Midnight Kiamet's use of NAMBLA was a sickening attack that is used as a smoke screen argument because their is no real justification for the opposition of gay marriage for non-religious reasons (and since this is a secular issue, the religious arguments have no basis in the debate). It's common to see this and Kiamat has fallen prey to the sneaky, underhanded work groups like NAMBLA have been doing for the last two decades in attempting to ride the coattails of the gay rights movement.
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Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
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05-14-2005 09:13
From: Juro Kothari It's common to see this and Kiamat has fallen prey to the sneaky, underhanded work groups like NAMBLA have been doing for the last two decades in attempting to ride the coattails of the gay rights movement. Funny thing, I've never heard anything out of NAMBLA - I am vaguely familiar with what the group is by it being brought up as an example of the impending apocalypse by religious groups. Kiamet has fallen prey to NAMBLA's motivations, or fallen prey to ignorance, fear and intolerance? Religious groups spew the "all gays are child molesters" nonsense all the time, if anything, that is what has been "fallen prey" to. Sorry, to make the kind of statement Kiamet made sickens me, and you seem to be giving Kiamet a free pass as if he/she is the victim here.
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